RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03709 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His discharge be upgraded to honorable or he be granted a medical 
retirement. 

 

_________________________________________________________________ 

 

APPLICANT’S CONTENDS THAT: 

 

He was not treated for lower back pain, sleep apnea and 
depression. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 10 Jan 06, the applicant enlisted in the Regular Air Force. 

 

On 8 Jul 11, a Medical Evaluation Board (MEB) referred the 
applicant’s case to an Informal Physical Evaluation Board (IPEB) 
for Obstructive Sleep Apnea. 

 

On 19 Dec 11, the IPEB determined the applicant’s medical 
condition did not prevent him from reasonably performing the 
duties of his office, grade, rank or rating. The IPEB found him 
fit and recommended he be returned to duty. 

 

On 18 Jan 12, he tested positive for marijuana. 

 

On 12 Mar 12, his commander preferred two charges against him in 
violation of Articles 112a and 131 of the Uniform Code of 
Military Justice (UCMJ). Specifically, he was charged with one 
specification of wrongful use of marijuana and one specification 
of perjury. 

 

On 20 Mar 12, the applicant concurred with the findings and 
recommendations of the IPEB. On 22 Mar 12, the Secretary of the 
Air Force Personnel Council (SAFPC) directed the applicant be 
returned to duty. 

 



On 30 Mar 12, the applicant requested he be discharged from 
service in accordance with Air Force Instruction 36-3208, Administrative Separation of Airmen, Chapter 4, in lieu of trial 
by court-martial. 

 

On 9 Apr 12, the applicant’s request for discharge in lieu of 
trial by court-martial was recommended for approval by his 
commander. His commander indicated the applicant would be issued 
an Under Other Than Honorable Conditions (UOTHC) discharge. On 
12 Apr 12, the Staff Judge Advocate concurred with the 
commander’s recommendation and characterization of discharge. 

 

On 23 Apr 12, the discharge authority approved the recommended 
discharge without offer of probation and rehabilitation. On 
2 May 12, the applicant was discharged in lieu of trial by court-
martial. He served 6 years and 14 days on active duty. He had 
98 days of lost time due to confinement. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOR recommends denial. DPSOR states that based on the 
documentation on file in the master personnel record, the 
discharge to include the characterization of service was 
consistent with the procedural and substantive requirements of 
the discharge instruction and was within the discretion of the 
discharge authority. In addition, the applicant did not submit 
any evidence or identify any errors or injustices that occurred 
in the discharge process. 

 

The complete DPSOR evaluation is at Exhibit C. 

 

The BCMR Medical Consultant recommends denial. The Medical 
Consultant states that he found no medical evidence to support 
the applicant’s medical conditions are directly or indirectly 
related to his use of illegal medications, fraudulent testimony 
or were the cause for his career termination. 

 

The complete Medical Consultant’s evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 19 Feb 13, for review and comment within 30 days. 
As of this date, this office has received no response 
(Exhibit E). 

 

_________________________________________________________________ 

 

 



THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, the applicant’s case has undergone an 
exhaustive review by the BCMR Medical Consultant and we did not 
find the evidence provided sufficient to overcome his assessment 
of the case. Therefore, we agree with the opinions and 
recommendations of the Air Force office of primary responsibility 
and the BCMR Medical Consultant and adopt their rationale as the 
basis for our decision that the applicant has failed to sustain 
his burden that he has suffered either an error or an injustice. 
In view of the above and in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

_______________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03709 in Executive Session on 30 May 13, under the 
provisions of AFI 36-2603: 

 

The following documentary evidence was considered in AFBCMR BC-
2012-03709: 

 

 Exhibit A. DD Form 149, dated 12 Aug 12, w/atchs. 

 Exhibit B. Applicant’s Military Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSOR, dated 25 Sep 12. 

 Exhibit D. Letter, BCMR Medical Consultant, dated 15 Feb 13. 

 Exhibit E. Letter, AFBCMR, dated 19 Feb 13.